Disposed

Azad Singh and Others v. State of Haryana and Others

Punjab & Haryana HC2 May 2012CWP/4853/2012

Case brief

AI extract

What is this about?

Petitioners seeking technical pay scale status for lab assistants. Court directs Director General, Department of Animal Husbandry, to consider legal notice within four months and release consequential benefits within two months.

What did the court decide?

Direction to consider claim within four months; consequential benefits to be released within further two months.

Azad Singh and Others Vs State of… — Pension and Retirement Benefits | Punjab & Haryana HC (2012)

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C.W.P. No.4853 OF 2012

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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C.W.P. No.4853 OF 2012

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DATE OF DECISION : 02.05.2012

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Azad Singh and others

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…Petitioners

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Versus

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State of Haryana and another

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…Respondents

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CORAM: HON’BLE MR. JUSTICE AUGUSTINE GEORGE MASIH.

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Present :Mr. Anurag Goyal, Advocate, for the petitioners.

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AUGUSTINE GEORGE MASIH, J. (ORAL)

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Petitioners are working as Lab Assistants which as per the statutory rules itself is a technical post and on that basis are working on the technical post and thus, are entitled to the technical pay scale of Rs.1200-2040.

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Counsel for the petitioners contends that the claim of the petitioners is further fortified by the judgment passed by this Court in CWP No. 18754 of 1991 titled as Gurdev Singh and others vs. State of Haryana and others, decided on 18.01.2010 and thereafter, a judgment passed by this Court in C.W.P No.20006 of 2010 titled as ' Mahender Singh and others Vs. State of Haryana and others , decided on 03.06.2011. Government of Haryana has accepted the law as laid down by this Court and in pursuance thereto has passed instructions dated 09.08.2010 (Annexure P-4) to which the claim of the petitioners is covered.

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Relying on these judgments as well as the instructions, petitioners have served a legal notice dated 10.10.2011 (Annexure P-6) on the respondents praying for the benefit of grant of technical pay scale as per the judgments of this Court and the instructions passed by the

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C.W.P. No.4853 OF 2012

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Government of Haryana. It has been stated that the said legal notice is still pending consideration without any decision thereon.

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Counsel for the petitioners states that the petitioners, at this stage, would be satisfied if a direction is issued to the Director General, Department of Animal Husbandry, Haryana-Respondent No.2 to consider and decide the legal notice dated 10.10.2011 (Annexure P-6) within some specified time.

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Without going in the merits of the case or commenting thereon, this writ petition is disposed of with directions to the Director General, Department of Animal Husbandry, Haryana-Respondent No.2 to consider and decide the claim of the petitioners as projected by them through their legal notice dated 10.10.2011 (Annexure P-6) within a period of four months from the date of receipt of certified copy of this order. The decision so taken be conveyed to the petitioners forthwith.

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In case the petitioners are held entitled to the claim as made by them through their legal notice, the consequential benefits, if any, be released to them, in accordance with law, within a further period of two months.

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(AUGUSTINE GEORGE MASIH) JUDGE

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02.05.2012 adhikari

Azad Singh and Others v. State of Haryana and Others

Case brief

What is this about?

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Azad Singh and Others v. State of Haryana and Others

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